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200314437 <br />of any indebtedness, taxes, assessments, repairs or other items for the payment of which this Security <br />Instrument is given as security, whether the same be then due or not and in such order or manner as <br />Lender may determine, or for the restoration or repair of the Property, and any amount not so used shall <br />be released by the Lender to the Borrower. Such application or release shall not cure or waive any <br />default or notice of default hereunder or invalidate any act done pursuant to such notice. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to <br />Principal shall not extend or postpone the Due Date of the Installments referred to in Paragraphs 1 and 2 <br />hereof or change the amount of such Installments. <br />14. BORROWER NOT RELEASED. Extension of the time for payment or modification of <br />amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest or permitted assignee of Borrower shall not operate to release, in any manner, the liability of the <br />original Borrower or Borrower's guarantors. Lender shall not be required to commence proceedings <br />against such successor or assignee or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the <br />original Borrower or Borrower's guarantors. <br />15. LENDER'S POWERS. Without affecting the liability of Borrower or any other person <br />liable for the payment of any obligation secured hereby, and without affecting the lien or charge of this <br />Security Instrument upon any portion of the Property not then or heretofore released as security for the <br />full amount of all unpaid obligations, Lender may, from time to time and without notice to Borrower (i) <br />release any person so liable, (ii) extend or renew the maturity or alter any of the terms of any such <br />obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed <br />at any time at Lender's option any parcel, portion or all of the Property, (v) take or release any other or <br />additional security for any obligation herein mentioned, or (vi) make compromises, settlements, or other <br />arrangements with debtors in relation thereto. <br />16. FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by Lender in <br />exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver <br />of or preclude the subsequent exercise of any such right or remedy. Likewise, the waiver by Lender of <br />any default by Borrower hereunder shall not be deemed to be a waiver of any other or subsequent default <br />by Borrower hereunder. The procurement of insurance or the payment of taxes or other liens or charges <br />by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured <br />by this Security Instrument in the event of Borrower's default hereunder. <br />17. REMEDIES CUMULATIVE. All remedies provided in this Security Instrument are <br />distinct and cumulative to any other right or remedy under this Security Instrument or afforded by law or <br />equity, and may be exercised concurrently, independently or successively. <br />18. ASSIGNMENT• SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL <br />LIABILITY; CAPTIONS. Lender may assign its rights and obligations hereunder by notice to <br />Borrower. Borrower may not assign its rights or obligations hereunder, whether by contract or operation <br />of law, without the prior written consent of Lender, which may be withheld in Lender's sole discretion. <br />The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the <br />respective successors and permitted assigns of Lender and Borrower. All covenants and agreements of <br />Borrower shall be joint and several. The captions and headings of the paragraphs of this Security <br />Instrument are for convenience only and are not to be used to interpret or define the provisions hereof. <br />19. NOTICE. Except for any notice required under applicable law to be given in another <br />manner, (i) any notice to Borrower provided for in this Security Instrument shall be in writing to be <br />effective and given by mailing such notice by first class U.S. mail, postage prepaid, to Borrower c/o <br />Raymond J. O'Connor, P.O. Box 139, Grand Island, Nebraska 68802, or at such other address as <br />Borrower may designate by notice to Lender as provided herein, and (ii) any such notice to Lender shall <br />be in writing to be effective and given by mailing such notice by first class U.S. mail, postage prepaid, to <br />Lender c/o Credit Administration Department, 1235 "N" Street, Lincoln, Nebraska 68508, or to such <br />other address as Lender may designate by notice to Borrower as provided herein. Any such notice shall <br />be effective upon deposit with U.S. mail. Any notice provided for in this Security Instrument shall be <br />deemed to have been given to Borrower or Lender only when given in the manner designated herein. <br />8 <br />